Articles Posted in Personal Injury Litigation

With the Takata airbag recall continuing to grow, it is by far the largest auto recall in U.S. history. This not only means that millions of Americans are being affected, but millions are also living in fear that their vehicles may be equipped with the explosive airbags.

That fear may soon come to an end. SafeCar has announced that all vehicle identification numbers (VINs) affected by the recall are now loaded into a Lookup Tool on their website, SafeCar.gov.

Not only is this tool free to the public, but it also produces results within seconds and will inform consumers about all open recalls on their vehicle. SafeCar has also created a video which explains what to expect if your car is recalled and what you should do next.

Hopefully this new tool is instrumental in cutting down on the number of injuries and deaths that have resulted from the exploding Takata airbags, which have been plaguing vehicles in this country for years.

In October 2014, the first class-action lawsuit was filed against Takata Corporation, which alleged that Takata knowingly manufactured and continued to manufacture defective air bags for over a decade. Not only has the number of lawsuits continued to grow, the company could potentially face many more for their negligent manufacturing and the injuries it has caused.

Bahe Cook Cantley & Nefzger is currently reviewing and accepting cases of people injured by these defective airbags on a nationwide basis.

http://www.safecar.gov

Kentucky State Police investigators say the Stanford Police Department officer who hit a pedestrian with his cruiser last winter was determined to be traveling at a high rate of speed at the time, but will not be facing criminal charges.

The Lincoln County coroner says Howard Robbins, 69, of Crab Orchard, was walking along KY150 on the night of Jan. 15 when Officer Travis Richardson hit him. EMS took Robbins to the Hospital where he was pronounced dead.

According to the Interior Journal, KSP say Richardson was traveling 90 mph when he hit Robbins. The speed limit is 55 mph in that area. While Officer Richardson was not on duty, he was on his way to work at the time of the collision. The cruiser’s dash-cam captured the wreck. This assisted the police with their investigation.

The Commonwealth Attorney said he would not file criminal charges against Richardson.

“I just don’t think there’s enough there to charge him as a criminal. There was speed but there was no alcohol or drugs. I don’t think there’s enough there to convict him beyond a reasonable doubt of a criminal offense. Now there might be a civil offense,” Montgomery told the Interior Journal.

It remains unclear why Richardson was driving so fast. What is clear, however, is that this person’s carelessness has resulted in death, and the family deserves answers.

It is quite obvious, due to the Officer traveling at almost double the speed limit; that he failed to operate his vehicle in a safe manner. Robbins’ estate could potentially have a wrongful death claim against the driver for hitting him. KRS 411.130 allows for a party with a qualifying relationship with the deceased, such as a spouse or child, to hold the party who negligently or intentionally caused their loved one’s death liable for damages. Robbins’ estate may similarly have an independent claim for negligence.

Stanford Mayor Eddie Carter said a hearing is scheduled June 30.

The attorneys at Bahe Cook Cantley & Nefzger represent accident victims and people seriously injured as a result of someone else’s negligence. Feel free to call and speak with one of our attorneys at (502) 587-2002.

Bourbon County Middle School’s first day back after the Memorial Day Holiday was a somber one. It was the first day back after a tragic car wreck claimed the life of one of their fellow classmates.

13-year-old Emily Sams was killed in a car crash Saturday morning. The crash occurred on I-64 in Scott County, Kentucky. Emily, along with her mother and father, were in their pickup truck when a Camry ran off the road, overcorrected, and struck the Sams’ vehicle. Both vehicles rolled and Emily was ejected.

The Scott County Coroner told LEX 18 that Emily was not wearing a seatbelt at the time of the accident. Her mother is in critical condition at UK hospital and her father appears to be stable. Those in the Camry were not injured.

While the holidays are often a time to celebrate, this tragedy serves as a reminder to operate our vehicles in the safest manner possible. Although it appears that driver error is to blame here, a full and complete investigation is required to determine if any other potential causes, such as mechanical failure or defective equipment, played a role. If it is determined that the driver of the Camry was not operating his vehicle with reasonable care, he may be liable under a theory of negligence for the damages he caused.

We use our blog as a forum to educate the public using real life events. However, we are very sensitive to the fact that these real life events have resulted in a tragedy that will inflict great pain and sorrow on those involved and those close to the victim(s). As such, we understand that they may not approve, and we will immediately remove a post if a victim or their loved ones makes that request.

I-75 was shut down for more than 9 hours on Tuesday. Around 11:15 p.m. it was finally reopened. The cause of the closure was a horrific accident involving six tractor-trailers and one car, which resulted in two deaths. Janet Montgomery, who was inside one of the six tractor trailers, said of the accident, “You don’t see stuff like this every day, it’s not something that you want to see.”

Kentucky State Police Vehicle Enforcement said the cause of the crash has not been determined, but it appears to have happened when traffic slowed in a construction zone. The last to hit was a FedEx semi, which burst into flames and killed the driver, 41-year-old Toby Caudill of Glenford, Ohio.

In the middle of the six tractor trailers was a car. The operator of the car, 34-year-old Jonathan Roark, was pronounced dead on the scene. He was a military man from the Barbourville area. A third driver was injured in the collision and was taken to the hospital with minor injuries.

This tragic event is a reminder that drivers need to be alert while being behind the wheel in order to operate their vehicles in a safe manner. While the investigation into the cause of the accident is still ongoing, if any of the drivers are found to have breached the standard of care in operating their vehicles in a safe manner, the drivers, or their estates, could be liable for the damages that resulted.  But there are many more questions to be answered. The injured and their families deserve those answers.

We use our blog as a forum to educate the public using real life events. However, we are very sensitive to the fact that these real life events have resulted in a tragedy that will inflict great pain and sorrow on those involved and those close to the victim(s). As such, we understand that they may not approve, and we will immediately remove a post if a victim or their loved ones makes that request.

Troopers are investigating a two-vehicle accident in Madison County where one person died and several others were injured.

Jacks Creek Road was shut down from 5 pm into the late evening hours, on Tuesday, as investigators reconstructed the accident.

According to Kentucky State Police, one car, with two men and two women, was heading east toward Richmond when it crashed into another car with only one person in it.  The woman in the passenger seat of the first car was pronounced dead on the scene. Police say another person from that same vehicle had to be flown to UK hospital. The three others involved went to the hospital by ambulance.

Investigators are still looking into what caused the accident. The family and friends of those involved in this horrible crash deserve answers. If it is determined that negligence played a role here, those at fault will face legal consequences. It is important to retain an attorney who will work hard to obtain these answers.

The attorneys at Bahe Cook Cantley & Nefzger represent accident victims and people seriously injured as a result of someone else’s negligence. We are willing to speak to anyone injured in this wreck, or their families, at no charge, to help answer any questions about the legal process.

3 Metcalfe County High School Students were involved in a crash on Friday, 5/15. This crash tragically ended in one death, and left two others in the hospital.

According to Police, around 7:30 am, 17-year-old Jacob White went off the road and over corrected his vehicle, causing it to flip. Passenger, 15-year-old Trevor Meadows, was ejected from the vehicle and taken to the hospital, along with one additional passenger, Jackson Colby Blair.  The driver, Jacob White died at the scene.

This is a devastating reminder of the need to operate our vehicles in the safest manner possible. Although it appears that driver error is to blame here, a full and complete investigation is required to determine any potential causes, such as whether mechanical failure and defective equipment or parts, played any role. The survivors, as well as the friends and family of those killed, will want and deserve answers. If it is determined that the driver was not operating the vehicle with reasonable care, he may be liable for damages and claims against his estate may be brought by the survivors.

Retaining an attorney to fight for these answers may be the best way to get them. The attorneys of Bahe Cook Cantley & Nefzger are willing to speak to anyone injured in this wreck, or their families, at no charge, to help answer any questions about the legal process.

A 7-year-old girl was dragged over 1,000 feet by her school bus on Friday. After getting off the bus, the girl’s backpack got snagged in the door of the bus which proceeded to drive away from where it had dropped her off, dragging her behind it. A neighbor’s surveillance camera caught the incident on tape.

A driver in a red Camaro saw the incident occur and sped to the front of the bus to warn the driver. One witness said the girl hardly had any skin left on one of her legs. Once the bus stopped, the girl was rushed to Kosair Children’s Hospital with non-life threatening injuries.

If the bus driver is found to have breached his or her standard of care in operating the bus in a safe and reasonable manner, then he or she could be civilly liable under a theory of negligence for the injuries that resulted.

Transvaginal mesh is an implant typically manufactured with a plastic material called polypropylene.  The product was created to repair conditions such as pelvic organ prolapse and stress urinary incontinence.  The mesh was used fairly commonly to treat women over the past two decades until several products were recalled in the summer of 2011.

Last month Federal District Judge Goodwin was tasked with a legally complex analysis regarding the applicability of punitive damages in the case against Boston Scientific.  While civil litigation is not typically fashioned to impose a penalty on defendants, under limited circumstances a civil defendant may be forced to pay punitive damages above and beyond the compensatory damages calculated to make the plaintiff whole.   These damages are often imposed when defendants had express, direct knowledge that their misconduct could cause injury, and continued the acts nonetheless.

In denying the Defendant’s Motion for Summary Judgment on the issue, Judge Goodwin concluded that a reasonable jury could find Boston Scientific acted with reckless and/or conscious disregard of the health and safety of its consumers, and therefore, summary judgment was inappropriate.   Judge Goodwin also concluded that a reasonable jury could find that the Defendant knew its product would probably cause injury to another person, and placed it in the stream of commerce anyway.

Just this week Boston Scientific Corporation, one of the pharmaceutical manufacturers of the propylene mesh product, disclosed in a filing with the U.S. Securities and Exchange Commission that it has agreed to settle nearly 3,000 cases and claims of women who were injured by the company’s mesh products for $119 million dollars.  A couple notable jury verdicts against Boston Scientific have resulted in $18.5 million and $26.7 million awards for plaintiffs.

Boston Scientific still faces more than 22,000 transvaginal mesh claims nationwide.   There are now more than 70,000 claims against pharmaceutical manufacturers for transvaginal mesh products.   A final number of around 100,000 claims are expected.   Bahe Cook Cantley & Nefzger is currently reviewing and accepting these cases on behalf of women injured by transvaginal mesh on a nationwide basis.

A fatal accident involving five vehicles shut down all lanes of I-64 in Shelby County on Wednesday, May 13th.

According to Kentucky State Police, 5 vehicles, one of which was a tractor trailer, were heading west on I-64 when traffic slowed for a motorist assist. KSP trooper said the tractor trailer failed to reduce speed which resulted in a collision between it and a passenger car. This led to a chain reaction causing the involvement of 3 additional vehicles.

Three people were taken to Shelbyville Jewish Hospital for minor injuries; however, the driver of the vehicle struck by the tractor trailer was tragically pronounced dead on the scene. This is a devastating reminder of the need to slow down and maintain your vehicle with reasonable care in order to avoid fatalities like this.

The driver of the trailer has been identified and criminally charged. If it is determined that the driver was not operating his vehicle in a safe manner, then he will not only be criminally prosecuted, but will be liable for the injuries and death that resulted.  If the driver is considered reckless, the possibility of punitive damages will follow. It is imperative that these victims and their families get answers. Retaining an attorney to fight for these answers is often necessary.

The attorneys of Bahe Cook Cantley & Nefzger are willing to speak to anyone injured in this wreck, or their families, at no charge, to help answer any questions about the legal process.

Seven people were killed and more than 200 people were hospitalized after an Amtrak train derailed and rolled onto its side in Philadelphia Tuesday night. All seven cars of the train derailed and came off the tracks shortly after 9 p.m. This derailment occurred at almost the exact same location of another deadly derailment that occurred 71 years ago, where 79 passengers were killed and 117 were injured.

One of the passengers told news sources that all of a sudden it felt like the brakes had been hit hard and then their car slowly started to tip to the side. A resident who lives close by said he could hear the crash. He said he heard what sounded like shopping carts crashing together and then chaos and screaming. Philadelphia’s Mayor, Michael Nutter, characterized the crash as an “absolute disastrous mess.”

The National Transportation Safety Board sent a team to investigate the derailment early Wednesday morning. NTSB recovered the black box, which functions as the train’s event recorder. After investigating the box, it was confirmed that the Amtrak train was going more than 100 miles per hour prior to hurling off the tracks.

Mayor Nutter would not say how many people are still unaccounted for in the derailment, but officials say they are trying to match the Amtrak’s passenger manifest with patient information from area hospitals. Some people hospitalized remain in critical condition.

If it is determined that the driver was not operating the train in a safe manner, then both he and his employer could be held liable for damages for the serious injuries and deaths that resulted. In this case, with the excessive speed, chances are good that the driver would be considered reckless, which can carry with it an imposition of punitive damages- damages designed to punish wrongdoers for their conduct. But there are many more questions to be answered. The injured and their families deserve those answers. Retaining an attorney to perform an independent investigation is often the only way families can get to the truth.

The attorneys of Bahe Cook Cantley & Nefzger are willing to speak to anyone injured in the Amtrak wreck, or their families, at no charge, to help answer any questions about the legal process.

We use our blog as a forum to educate the public using real life events. However, we are very sensitive to the fact that these real life events have resulted in a tragedy that will inflict great pain and sorrow on those involved and those close to the victim(s). As such, we understand that they may not approve, and we will immediately remove a post if a victim or their loved ones makes that request.